Other conditions decisions — 2005

The veteran's claim for service connection for bilateral hand disability, including arthritis, to include as secondary to his service-connected left shoulder disability is being remanded due to procedural issues and the need for clarification of a previous VA examination opinion.

The Board has determined that the veteran's current respiratory disabilities did not manifest during service or for many years thereafter and no legally recognized relationship exists between the veteran's current respiratory disorders and service.

The Board has determined that the evidence received since the November 1975 denial is not new and material, and thus the petition to reopen the claim for service connection for diplopia is denied.

The Board found that the veteran's stroke residuals were not incurred in or aggravated by active service and are not proximately due to, the result of, or aggravated by his service-connected psychoneurosis.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death due to lack of new and material evidence.

The Board has denied the veteran's request for a waiver of overpayment in the amount of $36,336 due to an overpayment of nonservice-connected pension benefits. The decision is based on the creation of the overpayment through unreported income and subsequent retroactive termination of pension benefits.

The Board has determined that the veteran's Hodgkin's disease, which is currently in remission since 1983, does not present symptoms warranting a higher than 30 percent evaluation under either the old or new rating criteria. The claim for a higher initial evaluation for Hodgkin's disease is denied.

The veteran's claim for higher ratings for his hip disabilities has been denied. The right hip was rated at 20 percent from August 1, 1998 to June 3, 2002 and at 30 percent since August 1, 2003. The left hip disability remains at a 30 percent rating.

The Board has determined that a separate, compensable evaluation of 10 percent is warranted for chondromalacia of the right knee in addition to the current 10 percent evaluation for degenerative joint disease.

The veteran's appeal for an increased rating for his service-connected axillary lymphangitis with chronic venous insufficiency of the right upper extremity has been granted, but he is still seeking service connection for rheumatoid arthritis and right shoulder impingement syndrome as secondary to this condition.

The veteran's appeal is being remanded for further development, including a new VA examination and consideration of the claims in light of the VCAA.

The Board denied an increased rating for the veteran's herniated nucleus pulposus, and the claim is remanded to issue a statement of the case.

The veteran's appeal is about the initial rating for residuals of pulmonary cancer, which was granted at 100% from February 14, 2002, and then reduced to 10% from November 1, 2002. The RO proposed to sever service connection for the condition but has not yet accomplished this action. The veteran requested a hearing before a Veterans Law Judge (VLJ) at the RO.

The Board has determined that the veteran's service-connected left spontaneous pneumothorax does not warrant a disability evaluation in excess of 10 percent, as there is no evidence of increased damage or recurrence of the condition. The preponderance of the evidence supports this conclusion.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case due to incomplete medical records and conflicting medical evidence regarding the veteran's asbestos exposure and current lung condition.

The veteran's request for a higher rating for his service-connected right index finger fracture base distal phalanx is being remanded due to the need for further examination and review of the claims file.

The Board has reopened the veteran's claims for service connection for arteriosclerotic cardiovascular disease and malnutrition, finding new and material evidence. The claim for TDIU due to service-connected disabilities is remanded.

The Board denied the veteran's claim for service connection for residuals of a head injury in August 1993. New and material evidence was not submitted to reopen the claim, so it remains denied.

The Board denied the veteran's claim for service connection for the residuals of a perforated duodenal ulcer, finding that it was not proximately due to or the result of his service-connected psychiatric disability.